Áine Collins (Cork North West, Fine Gael)

I thank the Ceann Comhairle for the opportunity to speak on this Bill. This is legislation that to an extent restores the right of gardaí above the rank of superintendent to issue permission for a search warrant in serious and urgent circumstances. The Bill is necessary as a result of a court decision that certain ways of issuing search warrants were in part unconstitutional. They did not protect adequately the privacy of the individual when allowing access to his or her home or any other place that may be of assistance to the Garda in pursuing a case.

Over the years, because of the threat of terrorism and the activities of certain organisations which tried continually to subvert the authority of the State, many laws were enacted to ensure they did not succeed. This meant the Houses of the Oireachtas enacted laws to support the Garda and the Army in order that they could carry out their duties. Thankfully, the serious threat posed in the past has been resolved to a great extent. The peace process in Northern Ireland has come a very long way and is progressing well. The level of progress was evident in the recent meeting between Queen Elizabeth and Martin McGuinness. It was an image many people thought they would never see.

Although I disagree with Sinn Féin in almost all aspects of its policy pronouncements, I welcome its relatively recent conversion to democratic politics and the part it played and continues to play in the peace process. I am glad that in future political battles, the ballot box will be the only weapon used by that party. That said, there are other organisations that seek to rekindle the Troubles and would do so if they had the requisite resources and support. Thankfully, they lack such support but they can still pose a serious threat. Therefore, the security forces must have the powers to ensure such people are brought to task. A valid search warrant that will stand the test of a constitutional challenge is a necessary tool in bringing convictions against such people. In addition to the threat posed by these still-existing small subversive groups, the threat of organised criminality also must be addressed. Irish society has seen a major increase in organised crime and gangland activity in recent years and I note many such gangs are or were closely linked with subversive groups.

While the Constitution and the rights of ordinary people must always be respected, strong constitutionally proofed laws also are required to deal with these elements in society. The Minister is introducing a measure in this legislation to ensure warrants issued in the future are not open to challenge in the courts. One of the main observations of the court was that the warrant should be issued by a person, not necessarily a judge, who was independent of the investigating team. The court held that a warrant that is required urgently can be issued by a such an independent person who has decided that such a warrant is necessary and that such a person should record the reasons for his or her decisions. In this Bill, that authority is given to a garda above the rank of superintendent who is not involved in the case or who does not have any direct supervision or authority over the investigating team. The warrant may only be issued in these circumstances when a judge is not available or there would be undue delay in seeking a judge's permission.

Fine Gael always has and will continue to be hugely supportive of the Garda and the Army in their efforts to bring criminals to justice. Since the foundation of the State, there has never been any question of its resolve in this matter. However, the economic crisis is forcing the Minister and the Government to make difficult decisions due to necessary financial cutbacks. There is concern, especially among people in rural communities, about any proposed closure of Garda stations or reductions in numbers. While search warrants are an essential tool in fighting crime, so too is local integration of the Garda. The intelligence gardaí get from the public is very important in assisting the Garda to solve crime. The co-operation and goodwill of ordinary people is a key element in this regard and community gardaí are central to such co-operation. When in opposition, the Minister of State, Deputy Costello, produced a valuable paper on the importance of supporting the continued development of a community police force. Community policing helps to solve crimes and helps enormously to prevent crimes such as anti-social behaviour. Prevention always is better than cure, and in most cases it also is more cost-effective in the long run. For example, if activities such as anti-social behaviour can be stopped early, this helps young people to avoid getting involved in more serious crimes. In turn, this reduces the pressure on the entire criminal justice system and saves families a great deal of pain. It promotes a proactive community environment that enhances quality of life for all. I ask the Minister, therefore, to continue to ensure community policing remains centre stage in any reorganisation process.

As for this Bill, it is clear the Garda needs the powers to act swiftly in urgent and serious cases. This Bill will enable it to do this without compromising people's rights and I have no hesitation in commending the Bill to the House.

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